Marble Falls Independent School District v. Scott

275 S.W.3d 558, 2008 WL 4899175
CourtCourt of Appeals of Texas
DecidedNovember 14, 2008
DocketNo. 03-07-00576-CV
StatusPublished
Cited by15 cases

This text of 275 S.W.3d 558 (Marble Falls Independent School District v. Scott) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Marble Falls Independent School District v. Scott, 275 S.W.3d 558, 2008 WL 4899175 (Tex. Ct. App. 2008).

Opinion

OPINION

DAVID PURYEAR, Justice.

The Commissioner of Education issued a decision granting a petition filed under education code section 13.053 by the individual appellees, a group of parents of school-age children (“the Keels”), who sought to detach their land from appellant Marble Falls Independent School District (“Marble Falls”) and annex it to Lake Travis Independent School District instead. Marble Falls filed suit in district court, seeking a declaratory judgment, trial de novo, and injunctive relief against the Commissioner’s decision. Appellees filed pleas to the jurisdiction asserting that because Marble Falls filed its petition in district court before the Commissioner made a final ruling on Marble Falls’s motion for rehearing in the administrative proceeding, Marble Falls had not exhausted its administrative remedies. The trial court agreed and granted the pleas, dismissing Marble Falls’s suit for want of jurisdiction. We affirm the trial court’s order.

Background

In December 2005, the Keels filed a petition with Lake Travis pursuant to education code section 13.051, seeking to detach the Paleface Ranch territory from Marble Falls and have it annexed to Lake Travis ISD. See Tex. Educ.Code Ann. § 13.051 (West 2006). In January 2006, the Keels filed the same petition with Marble Falls. Marble Falls held a hearing in late February 2006 and disapproved the petition on March 27, 2006. In early March 2006, Lake Travis held a hearing on the petition the Keels filed there, and on April 3, 2006, Lake Travis approved the petition. The Keels filed an appeal from Marble Falls’s decision, seeking a de novo hearing pursuant to section 13.051. Marble Falls filed a plea to the jurisdiction and answer, asserting that the two school districts were not contiguous and therefore that the petition was not proper under the education code. A hearing was held in Travis County before an administrative law judge on November 8, 2006, and the ALJ declared that Marble Falls’s boundaries go to the center of the Pedernales River and that the two districts were contiguous. On April 19, 2007, the Commissioner issued a decision granting the Keels’s petition. Marble Falls filed a motion for rehearing on May 11, 2007.

On May 15, 2007, before the Commissioner ruled on Marble Falls’s motion for rehearing, Marble Falls filed the subject suit in district court seeking a trial de novo of the Keels’s petition and a declaration that the Commissioner’s findings of the districts’ borders were invalid and that the Commissioner lacked jurisdiction over the petition because the districts are not contiguous. Marble Falls also complained [561]*561that the hearing procedures were improper and that the hearing should have been held inside Marble Falls’s boundaries or at its Regional Educational Service Center. The Commissioner and the Keels both filed pleas to the jurisdiction arguing that Marble Falls’s suit should be dismissed for want of jurisdiction because the district filed its petition before the Commissioner ruled on Marble Falls’s motion for rehearing2 and, therefore, Marble Falls had not exhausted its administrative remedies before filing its petition. Marble Falls responded that the hearing on the Keels’s petition was not subject to the Administrative Procedure Act (APA), see Tex. Gov’t Code Ann. §§ 2001.001-.902 (West 2008), and that its motion for rehearing was thus not a prerequisite for obtaining judicial review. Marble Falls further argued that its suit involved matters of pure statutory construction that did not require exhaustion of remedies and that, even if exhaustion were required, once the Commissioner ruled on Marble Falls’s motion for rehearing two days after the district filed its petition in district court, the cause ripened and was then properly before the trial court. Following a hearing on the appel-lees’ pleas, the trial court signed an order granting the pleas and dismissing Marble Falls’s suit for lack of jurisdiction.

Discussion

In five issues, Marble Falls contends that its petition for judicial review was timely filed; the administrative proceeding on the Keels’s petition was not subject to the APA; Marble Falls’s suit involved matters of statutory construction that did not require an exhaustion of remedies; jurisdiction in the trial court became proper once the Commissioner overruled Marble Falls’s motion for rehearing; and the trial court should have abated or stayed the cause pending the Commissioner’s decision on the motion for rehearing rather than dismissing the suit. Following oral argument, Marble Falls filed a supplemental brief arguing that case law provides that a cause may ripen after filing and that the trial court should have given Marble Falls the opportunity to amend its pleadings. We will first discuss whether the APA applies to this suit.

1. Does the APA apply?

In its first and second issues, Marble Falls argues that its suit was timely filed because under the education code, the Commissioner’s review of the detachment/annexation petition was not governed by the APA. The establishment, consolidation, abolition, detachment, or annexation of a school district is governed by a comprehensive scheme set out in chapter 13 of the education code. See Tex. Edue.Code Ann. §§ 13.001-285 (West 2006). Because the Commissioner of Education is given sole authority to make an initial decision in a disputed petition to detach from one district and annex to another, see id. § 13.051(j), the Commissioner has exclusive jurisdiction over the dispute. See Thomas v. Long, 207 S.W.3d 334, 340 (Tex.2006). The supreme court has held that when an agency has exclusive jurisdiction over such matters, a party seeking judicial review of the agency’s decision must exhaust all available administrative remedies. See id. at 340. To determine the procedures by which a party petitions for detachment/annexation and, if necessary, seeks judicial review, we look to the scheme set out in the education code. See id. at 340, 341-42 (“administrative bodies [562]*562only have the powers conferred on them by clear and express statutory language or implied powers that are necessary to carry out the Legislature’s intent,” and when rights are conferred only by statute, to “enforce those rights, [parties] must follow the procedures enumerated in the [agency’s] rules as authorized by statute”).

Section 13.051 provides that territory may be detached from one school district and annexed to another “district that is contiguous to the detached territory” if a majority of either (1) the registered voters in the territory, if the territory has residents, or (2) the owners of property in the territory, if the territory does not have residents, present a petition to the boards of both districts for their approval. Tex. Educ.Code Ann. § 13.051(a), (b). If one board approves the petition but the other disapproves it, an aggrieved party may appeal either district’s decision to the Commissioner for de novo review under section 7.057. Id. § 13.051(j). Section 7.057, the education code’s general appeal statute, provides that in certain cases, a person may appeal a school board’s decision to the Commissioner, who generally shall hold a hearing and make a decision. Id.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Cite This Page — Counsel Stack

Bluebook (online)
275 S.W.3d 558, 2008 WL 4899175, Counsel Stack Legal Research, https://law.counselstack.com/opinion/marble-falls-independent-school-district-v-scott-texapp-2008.